HomeMy WebLinkAbout04-06-93 CCMMINUTES APPROVED: 4-20-93
LAKE ELMO CITY COUNCIL MINUTES
I
APRIL 6, 1993
Mayor John called the city council meeting to order at 7:02
p.m. in the City Council chambers. PRESENT: John, Mottaz
(arrived at 7:05 p.m.), Conlin, Johnston, Johnson, City
Planner Mike Black, City Engineer Larry Bohrer, City
Attorney Jerry Filla and Administrator Kueffner.
1. AGENDA
M/S/P Johnson/Conlin - to approve the April 6, 1993 City
Council agenda as presented. (Motion carried 4-0).
2. MINUTES: March 16, 1993
M/S/P Conlin/Johnson - to approve the March 16, 1993 City
Council minutes as presented. (Motion carried 3-0-1:
Abstain: Johnston).
MINUTES: March 23, 1993 Emergency Meeting
M/S/P Johnson/Conlin - to approve the March 23, 1993
Emergency City Council meeting minutes. (Motion carried 3-
0-1: Abstain: Johnston).
3. CLAIMS
M/S/P Johnson/Johnston - to approve the March 16, 1993
Claims #1449 thru #1492, excluding Claim #1482. (Motion
carried 5-0).
4. PUBLIC INQUIRIES:
Jim McLeod, 2543 Lake Elmo Avenue N., stated now that the
city is charging for agenda and minutes, he asked that
copies of the agenda be available at City Hall for anyone
interested and copies of requested minutes be made available
at a small fee.
Dave Johnson, 11291 30th St. N., voiced his concern on how
the published summary of the minutes is put together and
pointed out the requirements of the League of Minnesota
Cities. Mayor John answered that summary minutes were
already being published in the Stillwater Gazette Extra.
LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 1993 2
5. OLD BUSINESS:
A. Comp Plan Amendment: Direction to Planning
Commission
The City has received several requests for amendment to our
Comprehensive Plan. A map was submitted showing those areas
and includes the Midlands Meadows R-1 property, the Don
Bishop property (Lake Elmo Heights 1st and 2nd Addition, the
Eberhard and Meehan property to the south; the property
owned by 3-M company, property along Highway 5 (from County
Road 13 to Stillwater Blvd<CSAH6>) and a parcel of land
owned by Paul Emerson on the corner of County Roads 10 and
15. The Goetschel's, Mr. Bishop, the Eberhard's, the
Meehan's, the Emerson's and the petitioners from Midland
Meadows have all asked for a future land use of RED. The 3-M
Company and those property owners along Highway 5 have asked
for some type of a commercial land use.
M/S/P Johnson/Johnston - to refer to the Planning Commission
the areas identified in red marked on the Future Land Use
Map provided to the council on 4-6-93, including properties
owned by Dick Hesse and Jess Mottaz, for consideration of
rezoning without specifying any zoning classifications.
(Motion carried 4-0-1: Abstain: Mottaz)
M/S/P Conlin/John - to call a Council Workshop with Don
Jordan 3-M Company and the property owners along Highway 5
for Tuesday, April 13, 1993 at 7:00 p.m. to discuss their
property. (Motion carried 5-0).
6. PLANNING/LAND USE & ZONING/CITY ENGINEER'S REPORT:
A. PUBLIC HEARING: 1993 MSA Street Improvements:
Jamaca & Lake Jane Trail
Mayor John opened up the public hearing at 7:50 p.m. in the
City Council chambers. The public hearing notice was
published in the March 24th, 31st Stillwater Gazette and all
affected property owners were notified.
The City received a letter from Franny & Laverne Downs, 3759
Jamaca Avenue N., asking why reconstruction of Jamaca Avenue
and if the street is widened, they do not want their fir
tree that is at the corner of their property destroyed.
The City Engineer explained the trunk (18" in diameter) of
the evergreen tree is on private property and the branches
extend out into the ditch now. There might a chance the
tree could be saved by using a curb, but the branches would
have to be trimmed so they don't encroach onto the road
which would ruin the looks of the tree. In this case,
compensation for the tree or some kind of replacement would
have to be worked out. Councilman Johnson had a problem with
removal of this tree.
LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 1993 3
Otto Mayer, 9295 Lake Jane Trail, stated he was in favor of
the project, but asked what would happen to his property and
his trees. Could something be done at the public access in
form of an acceleration lane because he feared someone was
going to get killed coming out of the access.
Paul Pallmeyer, 8989 Lake Jane Trail, asked if a stop sign
could be placed on the corner of Jamaca Avenue?
Jeff Ylinen, 9401 Lake Jane Trail, supported the project,
but voiced his concern on the excessive speed and requested
the city look at this issue.
Jim Jungman, 9404 Lake Jane Trail, asked if on -street
parking would be allowed for cars and boats now that there
is 8' more of added blacktop. He voiced his concern on
traffic and speeds increasing and requested stop signs be
placed. He has a sprinkling system in the boulevard area
and if this project goes forward, who is going to be
responsible to move this. He would prefer to see the road
improved, but to what expense, especially, if it has to be
at his expense to redo his sprinkler system and remove his
trees and replant them.
Mike Wagner, 9040 Lake Jane Trail, stated he was in favor of
the project, but asked the city to look into slowing the
traffic down along Lake Jane Trail and continuing west.
Mike Hilyar, 8961 37th St. N., stated that now Jamaca Avenue
is a super drag strip and you would have to be a crazy
person to ride a bike. If the road is upgraded, it would be
worse. The city should find a way to slow the traffic down.
Kim Carey, Washington County Deputy, indicated she has done
some radar checks on Jamaca Avenue, and have stopped people
and most of them are local residents. The speed limit is 45
mph and most people come through there 45-50 mph. It is very
easy to pick up speed when you get over the crest of the
hill.
Dean Beutel, 8866 Stillwater Blvd., owns 40 acres of Ag land
and now they are being assessed for six lots. Yet at one
time, the city would not let him or Arlyn Christ develop
this property as residential when they came in with an
application. Now that this road will be improved and the
water situation has been resolved, will they be able to
develop it as residential lots.
Peter Blomquist, 3435 Jamaca Avenue N., is opposed to this
project. Does it really have to be done now? It's going to
become more of a drag strip than it already is and the speed
situation has to be addressed. Cutting down the hills will
have a negative affect on the speed because you have a
better view and can go faster. From a personal standpoint,
LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 1993 4
he has to give up 10' of beautiful green boulevard and
replace it with black asphalt. He voiced his concern on the
large volume of heavy truck traffic, particularly from
Shafer Contracting.
Since Shafer Contracting is a commercial operation and they
are being assessed the same as a residential lot, Council
member Conlin felt their benefit would be greater than a
residential lot; and therefore, should be assessed higher.
The City Attorney will look into if this could be done since
state aid money is being used.
Marilyn Downs, 3793 Jamaca Avenue, asked how can you take
this money you want to put into this fund and then turn
around and assess us to fill the need for the project. She
didn't feel her property value would increase with a
landfill next door and now they are being tested for methane
gas.
Mayor John closed the public hearing at 9:25 p.m.
M/S/P Mottaz/Conlin - to adopt Resolution No. 93-14, A
Resolution Ordering the Preparation of Plans and
Specifications for the Improvement of Jamaca Avenue Between
TH5 and Lake Jane Trail, and Lake Jane Trail Between Jamaca
Avenue and Jane Road. (Motion carried 5-0).
B. Minor Subdivision: Tony Collette, 978 Lake Elmo
Avenue
Anthony and Jodi Collette are requesting a minor subdivision
of a 4.09 acre parcel of land in the R1 zoning district. On
March 22, 1993, the Planning Commission, on a 4-3 vote,
recommended approval of this request.
M/S/P Mottaz/Conlin - to adopt Resolution No. 93-15, A
Resolution Granting a Minor Subdivision to Anthony and Jodi
Collette for Lot 7, Block 1, Midland Meadows. (Motion
carried 5-0).
C. Extension of Non -Conforming Use: 4201 Stillwater
Blvd. (Kunz Oil Bldg.)
Tim Myhra, owner of Label Lawn, is requesting an extension
to operate a retail sod business from the Kunz Oil Building
as he has approximately 20 acres of sod left to sell because
he was unable to sell it last year because of the early
winter.
M/S/P Mottaz/Johnson - to refer this request to the Planning
Commission for consideration of amending the text of the
Highway Business Zone to allow this use and submit their
recommendation back to the Council by the first meeting in
May. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 1993 5
D. Ordinance 8087, Conduct near schools
The City received a letter from Tom LeCloux, principal of
Oak -Land Junior High School asking the city to consider an
ordinance that would help the school deal with some problems
they are having with unwanted visitors. A draft ordinance
was provided for council review.
M/S/P Mottaz/John - to refer this to the City Attorney for
his recommendation for an ordinance to be submitted either
on the April 20th or May 4th council meeting. (Motion
carried 5-0).
7. CITY ENGINEER'S REPORT:
A. City's Participation in 1993 Washington County Seal
Coat Program
M/S/P John/Mottaz - to direct the city engineer to advise
Washington County that the City would like to participate in
its 1993 seal coat program and to bring back to the April
20, 1993 city council meeting a list of the streets that
should be included in the program this year and a list of
streets which will be done with crackfilling. (Motion
carried 5-0).
B. Engineer's Study: Section 32-33 - Defer item because
of no direction.
8. CITY COUNCIL REPORTS:
Mayor John suggested the City Engineer be directed to
identify the various items of cost and options for running
the sewer through from the WONE interceptor towards the land
East of County Road 13.
Bohrer felt this work would take about a couple of days to
further refine some of the options and add options. Mayor
John will fax over the options he has in mind. As far as an
analysis of the economic benefit that would be received by
having the MnDOT property developed is a tax generation
computation that our Financial Consultants could address.
The Council set up a council workshop for Saturday, April
17th, 8:00 a.m. at City Hall to review the information from
the City Engineer and develop a position.
The November Group has been contacted to stop their work.
M/S/P John/Johnson - to approve the expenditure for Ellen
Sampson to continue to follow the activities of Oakdale
within the State Legislature up to a limit of $1,000.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 1993 6
Councilman Johnson:
Referring to the letter from Mike Smith, A.C.O., Johnson
asked that Smith's concerns and recommendations regarding
establishing an ordinance on cats be placed on the April
20th City Council agenda.
The MAC met at a Special meeting to discuss the purchase of
the mower/tractor and made minor changes to the
specifications. It was their intention to prepare a report
for the council on their recommendation regarding the
purchase for the next council meeting. If the Council
wished in the meantime to go out for bids before that report
is received, this can be done concurrently.
M/S/P Mottaz/Conlin - to approve the mower/tractor go out
for bids to be received and publicly opened on April 23rd.
(Motion carried 5-0).
9. CITY ADMINISTRATOR'S REPORT:
A. Request from Parks Commission for Americans with
Disabilities Act (ADA) Presentation
M/S/P John/Johnston - to defer this until the City
Administrator can investigate what information and cost is
available and postpone the joint meeting for an appropriate
day in May. (Motion carried 5-0).
B. Room Dividers/Work Stations for City Office
M/S/P John/Conlin - to approve the purchase of work stations
and two fireproof files for an amount not to exceed $11,000.
(Motion carried 5-0)
C. Resignation of Susan Dunn from the Heritage
Preservation Commission
M/S/P Johnson/Johnston - to accept the resignation of Susan
Dunn from the Heritage Preservation Commission and direct
the staff to write a letter of appreciation and advertise
this vacancy in the newsletter. (Motion carried 5-0).
10. CITY ATTORNEY'S REPORT: (No Executive Session)
A. Jamie Olson:
The City Attorney reported the property owner recently filed
a motion to District Court requesting that it take action by
means of summary judgement on the verified complaint which
contained a request for damages. The District Court has
decided that it intended and did deal with both issues in
the first trial and there were no damages allowed and has
issued an Order accordingly.
M/S/P Mottaz/Johnson - to adjourn the city council meeting
at 11:25 p.m. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 1993 7
----------------
Resolution No. 93-14, A Resolution Ordering the Preparation
of Plans nd Specifications for the Improvement of Jamaca
Avenue between TH5 and Lake Jane Trail, and Lake Jane Trail
between Jamaca Avenue and Jane Road
Resolution No. 93-15, A Resolution Granting a Minor
Subdivision to Anthony and Jodi Collette for Lot 7, Block 1,
Midland Meadows
LAKE ELMO CITY COUNCIL MEETING - APRIL 6, 1993
List of Claims for Approval
'or the period 04/02/93 to 04/06/93 04102193
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIN
NUMBER
AMOUNT
HOME DECORATING CENTER
PAINT FOR OFFICE ENTRY
04/06193
1449
18.39
100-41500-400
18.39
ELMO'S LUMBER G PLYWOOD
BLDG MAINT SUPPLIES
O4106193
1450
103,87
100-41500.400
68.78
180-42200-461
35.09
THOMPSON HARDWARE CO
MISC SUPPLIES
O4106193
1451
11.30
100-11590-400
7.49
100-43100-221
3.81
LEAGUE Of AN CITIES
APRIL INSURANCE PREMIUM
04106193
1452
2,643.52
100-41500-130
1,406.13
100-42400-130
373.31
100-43100-130
864.08
ALLIED GROUP INSURANCE TRUST
APRIL PREMIUM
14/06/93
1453
61.77
100-41500-130
28.66
110-42400-130
14.10
160-43100-130
19.01
MINN. BENEFIT ASSN.
APRIL PREMIUM
04106193
1451
$82.30
101-41500-130
72,12
100-43100-130
510.18
WAGNER, RON
CABLE 3116 MEETING
04/06193
1455
36.00
111-41300-331
36.00
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
O4/06193
1456
366.83
100-41500-200
306.88
PITNEY BOWES
POSTAGE METER RENTAL
04106193
1467
172.50
100-41500-200
172.50
D.C. HEY CO.
COPY MACHINE SERVICE
04106/93
1458
219.84
100-41500-200
219.84
STILLWATER GAZETTE
LEGAL PUBLICATIONS
O4166/93
1459
141.00
100-41500-351
141.00
WASHINGTON COUNTY TREAS.
TO RECORD R93-8 & R93-11
04106193
1460
34.00
100-41500-200
34.00
F.X.L., INC.
ASSESSOR MONTHLY PAT
04/06/93
1461
1,200.00
100-41560-300
1,200,00
PETERSON FRAM & BERGMAN
FEBRUARY LEGAL
04/06193
1462
4,810.80
100-41600-300
4,783,80
411-41600-300
27.00
MICHAEL SMITH
MARCH ANIMAL CONTROL
04//6193
1463
140,00
100-42710-110
748.00
TNT RECYCLING
MARCH RECYCLING
04106/93
1464
4,073.43
100-43200-318
2,437.20
883-43200-318
1.636.23
NORTHERN STATES POWER CO
MARCH UTILITIES
O4/06/93
1465
2,922.13
100-41500-380
230.80
100-42200-380
471.00
100-43100-380
457.92
100-43160-380
838.86
100-45200-380
586.01
601-49400-380
317.88
602-49450-380
19.66
A T & T
OFFICE TELEPHONE MONTHLY MAINT
04/06/93
1466
59,96
100-41500-320
$9.96
U. S. WEST
MARCH TELEPHONE
04/06193
1467
428.22
100-41500-320
230,89
100-42200-320
86.96
100-43100-321
53.78
100-45200-320
66.59
CELLULAR ONE
FIRE DEPT CELLULAR PHONE
04/06193
1468
10,92
100-42200-320
10.92
ALL FIRE TEST INC.
FIRE DEPT SUPPLIES
O4/06193
1469
92.50
100-42200-217
92.50
ROSEVILLE RADIO
FIRE DEPT RADIO REPAIR
04/06/93
1470
28,22
100-42200-323
28.22
TNT INC
FIRE DEPT TRUCK REPAIR
04106193
1471
461.65
100-42200-220
461.65
FIRE INSTRUCTORS ASSN.OF MN
FIRE DEPT TRAINING
04/46193
1472
17.62
196-42200-207
17.62
NORTH STAR INTERNATIONAL TRUCK
FIRE DEPT TRUCK REPAIR
04/06/93
1473
48.33
100-42200-220
48,33
MENARDS
BLDG MAINT SUPPLIES
O4106193
1474
267.21
100-41500-400
101,87
100-42200-401
165.34
MINN.CONWAY FIRE & SAFETY
FIRE DEPT CLOTHING
04106/93
1475
341.51
100-42200-218
341.51
INT'L CONF.OF BLDG.DFFICIALS
BLDG OFFICIALS ANNUAL DUES
O4106193
1476
75.00
100-42400-207
75.00
N -SITE SEWAGE TREATMENT ASSN.
BLDG INSP CUES
O4/05193
1477
25.00
100-4200-2e7
25.00
V1�„i GOEBEL
REFUND -OVERPAYMENT BLDG PERMIT
04106/93
1478
4.41
100-42400-203
4.41
GENEX
MAINT DEPT SUPPLIES
O4f06193
1419
8.77
100-43100-223
8.77
CITY OF NORTH ST PAUL
MAINT DEPT SALTISAND
04/06/93
1480
450.00
100-43100-229
450.00
M 8 INDUSTRIAL SUPPLY CO.
MAINT DEPT PARTS & REPAIR
04106/93
1481
47,96
100-43100-221
47.96
MAC QUEEN EQUIPMENT, INC,
MAINT DEPT SWEEPER PARTS
O4/06193
1482
351.53
100-43100-221
351.53
APRIL 6, 1993 - Page 2
List of Claims for Approval
'or the period 04/02193 to 04106/93 04f02/93
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
VERN'S OTC AUTO PARTS
MAINT DEPT PARTS G REPAIR
04106193
1483
192,65
100-43100-221
192.60
EARL F. ANDERSEN, INC.
MAINT DEPT SIGNS
O4/06193
1484
65.18
100-43100-226
65.18
ACE HARDWARE
RISC. SUPPLIES
O4/06/93
1485
72.19
100-41500-400
12.89
100-43160-221
53.54
100-16200-219
5.76
GLENWOOD INGLEWOOD
MAINT DEPT SUPPLIES
O4106/93
1486
12.60
100-43100-223
12.60
BRYAN ROCK PRODUCTS
KLONDIKE GRAVEL MAINT
04/06193
1487
146.51
100-43100-228
146.51
MIKE BOUTHILET
TREE INSPECTION COSTS
04/06/93
1488
79.00
109-45200-219
79.00
MN DEPARTMENT OF AGRICULTURE
PESTICIDE APPLICATORS LICENSE
04/05/93
1489
10,0E
100-45200-219
10.00
ON -SITE SANITATION INC
PEBBLE 6 SUNFISH SATELLITES
04/06/93
1490
138,44
160-45200-386
138.44
MINNESOTA PIPE G EQUIPMENT
WATER MAIN BREAK - CLAMPS
04/06/93
1491
183.93
601-49405-430
183.93
MINNESOTA POLLUTION CONTROL AGENCY
SEWER FUND ANNUAL FEE
/4185193
1492
506.10
602-49450-430
505.00
TOTAL FOR MONTH 22,201.99 22,261.99
Since we do not have time to discuss every point presented, it
may seem that decisions are preconceived. However, background
information is provided for the City Council on each agenda item in
advance from City Staff and appointed Commissions; and decisions are
based on this information and past experiences. In addition, some
items may also have been discussed at previous Council meetings.
If you are aware of information that hasn't been discussed,
please fill out a "Request to Appear Before the City Council" slip;
or, if you came late, raise your hand to be recognized. Comments that
are pertinent are appreciated. Items requiring excessive time may be
continued to another meeting.
LAKE ELMO CITY COUNCIL MEETING
APRIL 6, 1993
6:00-7:00 P.M. Intergovernmental Meeting
Pam Neary, State Rep.; Mary Hauser, Washington Cty Commissioner; Lynn
Schmitt, School District #834
7:00 P.M. MEETING CONVENES
1. AGENDA
2. MINUTES: March 16, 1993
March 23, 1993 Emergency Meeting
3. CLAIMS
4. PUBLIC INQUIRIES
5. OLD BUSINESS:
A. Comp Plan Amendment: Direction to Planning
Commission
6. PLANNING/LAND USE/ZONING/CITY ENGINEER'S REPORT:
7:30 p.m. A. PUBLIC HEARING: 1993 MSA Street Improvements:
Jamaca & Lake Jane Trail
B. Minor Subdivision: Tony Collette
978 Lake Elmo Avenue
C. Extension of Non -Conforming Use:
4201 Stillwater Blvd. (Kunz Oil Bldg.)
D. Ordinance 8087: Conduct near schools
p r, I C-
LAKE ELMO CITY COUNCIL AGENDA 1993 2
7. CITY ENGINEER'S REPORT:
A. City's Participation in 1993 Washington
County Seal Coat Program
B. Engineer's Study: Section 32-33
8. CITY COUNCIL REPORTS:
A. Mayor John
B. Council Member Conlin
C. Johnson
D. Johnston
E. Mottaz
9. CITY ADMINISTRATOR'S REPORT:
A. Room Dividers for City Office
B. Resignation for Heritage Preservation
Commission
10. CITY ATTORNEY'S REPORT:
A. EXECUTIVE SESSION: Jamie Olson
11. Adjourn